The purpose of this chapter is to provide for the reasonable use of hillsides and mountainous areas while protecting the public health, safety, and welfare by ensuring that development will not induce soil erosion, result in excessive grading, create sewage disposal problems, increase wildfire danger and slope instability, or lead to a loss of aesthetic value. This chapter implements the goals and policies of the Kern County General Plan and various specific plans and sets specific standards and regulations for all grading and development of slopes exceeding thirty percent (30%) average natural slope. This chapter is not a base zoning district or combining district, however, is applicable to all development in any zoning district on parcels with an average slope that exceeds thirty percent (30%) and in areas designated Steep Slope (Map Code 2.4) by the Kern County General Plan. It is not the intent of this chapter to apply to oil and gas operations.

(Prior code § 7235.01)

(Ord. No. G-8226, § 95, 11-8-11)

A.

For the purposes of this chapter, slope is defined as the relationship between the change in elevation (rise) of land and the horizontal distance (run) over which the elevation occurs. The percent slope of any given slope is determined by dividing the rise by the run on the natural slope of land, multiplied by one hundred (100).

B.

Average slope shall be calculated by using the following formula:

C.

The calculated average natural slope shall be rounded to the nearest whole number (See Figure 19.88.020).

(Prior code § 7235.02)

All development on lots with an average slope that exceeds thirty percent (30%) and in areas designated Steep Slope (Map Code 2.4) by the Kern County General Plan shall comply with the standards set out in Sections 19.88.040 through 19.88.070 of this chapter.

(Prior code § 7235.03 (part))

(Ord. No. G-8226, § 96, 11-8-11)

Residential development shall not exceed the maximum density permitted by the general plan land use category applicable to the area in which the property is located, except that:

A.

No lot shall be created after the effective date of this chapter on which the average natural slope exceeds sixty percent (60%), except if the lot contains a contiguous area of ten thousand (10,000) square feet within which there is no slope greater than ten percent (10%) and on which development is proposed;

B.

One (1) single-family dwelling may be built on any lot that was legally created prior to the effective date of this chapter, regardless of slope, provided that all other requirements of this chapter are met.

(Prior code § 7235.03(A))

Grading shall respect the natural contour of the existing terrain wherever possible. The following grading standards shall apply to all land subject to this chapter in addition to the grading requirements of Chapter 70 of the latest edition of the Uniform Building Code as adopted and modified, or as may be adopted or modified from time to time, by the board of supervisors:

A.

Grading shall be limited to building pads and access drives thereto, and extensive grading shall be discouraged.

B.

No cuts in excess of sixteen (16) feet in height from top to toe shall be allowed.

C.

Where grading is necessary, the principles of contour grading should be employed:

1.

Cut slopes shall not exceed two (2) horizontal to (1) vertical (2:1). Shallower slopes may be required if indicated by soils and geologic investigations to be necessary.

2.

Graded slopes should be rounded and shaped to simulate the natural terrain.

3.

Grading should follow the natural contours as much as possible.

4.

Graded slopes should blend with naturally occurring slopes at a radius compatible with the existing natural terrain.

D.

Graded slopes should be screened from view under or behind buildings or by landscaping or natural topographic features wherever possible.

E.

Graded slopes shall be revegetated with a mixture of grass seed or shrubs as recommended by the planning director. Planting may be waived by the planning director for slopes that, due to the rock character of the material, will not support plant growth.

(Ord. G-6077 § 294, 1994; Prior code § 7235.03(B))

All proposed drainage facilities shall respect the natural terrain, preserve major drainage channels in their natural state, and be designed in such a manner as to minimize soil erosion and to otherwise preserve the public health, safety and welfare. The following standards shall apply to all lands subject to this chapter in addition to the requirements of the county subdivision and parcel map ordinances:

A.

To the maximum extent possible, all natural drainage courses serving major drainage areas, and containing significant perennial vegetation which may constitute a significant wildlife habitat, should remain in their natural state.

B.

In the event that off-site drainage facilities will be required to handle increased runoff, interim drainage facilities which provide for no increase in peak runoff from a ten (10) year storm shall be constructed and maintained until such time as the permanent facilities are completed.

C.

The overall drainage system shall be completed and made operational at the earliest possible time during construction or shall be otherwise provided for in a manner acceptable to the county of Kern.

(Prior code § 7235.03(C))

All proposed driveways and access roads shall be designed to provide convenient and safe access while minimizing the extent of grading. The following standards shall apply to all lands subject to this chapter in addition to the requirements of the county subdivision and parcel map ordinances:

A.

Driveways and access roads shall enter the fronting public road or street as nearly at right angle (or radial line, if on a curve) as physical features permit.

B.

Driveways shall be designed and constructed in such a manner that stormwater runoff originating on the roadway will not drain down the drive, and stormwater runoff originating on the private property will not drain down the roadway, except in the ditch or gutter line.

C.

Adequate and safe sight distance shall be provided for a design speed of fifteen (15) miles per hour.

D.

Wherever feasible, driveways and access roads shall be installed parallel to elevation contours and shall not cut perpendicularly across contours. The maximum grade for driveways and access roads shall be fifteen percent (15%).

E.

Driveways entering a public road or street shall have a minimum paved width of twelve (12) feet and a maximum width of twenty (20) feet and shall be improved with two (2) inches of asphaltic concrete, three (3) inches of rock dust on an aggregate base, three (3) inches of road mix, or three (3) inches of concrete.

F.

Driveways and access roads serving residential projects of three (3) or more units shall be improved with a minimum of three (3) inches of road mix and shall tie to a paved road (under encroachment permit from the Kern County roads department, where applicable). The paving requirement may be waived by the planning director when site access is not obtained from a paved road and when the project is not part of a precise development (PD) plan or cluster (CL) development.

G.

Driveways and access roads shall comply with the requirements of the Kern County fire department.

(Ord. G-6345 § 79. 1996; Ord. G-6077 § 296, 1994; Ord. G-5885 § 134, 1993; Prior code § 7235.03(D))

(Ord. No. G-8226, § 97, 11-8-11)